Georgia Senate Bill SB192

Georgia 2023-2024 Regular Session

• Introduced: 2/15/23
• Refer: 2/16/23

Caption

Torts; employers and insurance providers of commercial motor vehicle operators based upon history of driving incidents; limit liability

Impact

The implementation of SB192 will significantly reshape liability standards for employers and insurance companies in cases involving commercial motor vehicles. By limiting the scope of a driver's record to either federal requirements or the prior three years—whichever is greater—SB192 reduces the potential for employers and insurers to be held liable based on outdated information. This change is expected to promote fairness in liability claims while providing employers with clearer guidelines, which may ultimately impact insurance premiums and employer accountability.

Summary

Senate Bill 192 aims to amend existing tort law in Georgia by establishing limits on the liability of employers and insurance providers of commercial motor vehicle operators based on the driving history of the operators. The bill introduces specific definitions related to driver's records and the data considered in civil liability cases, such as the duration of previous accidents and traffic violations that can be taken into account. This legislative measure is designed to clarify and streamline the process of determining liability for incidents involving commercial vehicle operators, ensuring that only recent and relevant driving history is evaluated.

Contention

One notable point of contention surrounding SB192 pertains to the balance between protecting employers from overexposure to liability and ensuring that the rights of individuals involved in accidents are upheld. Critics of the bill may argue that limiting the driving history considered in liability cases could shield negligent employers from being fully accountable for their drivers' actions. Additionally, stakeholders within the transportation and insurance industries may express concerns regarding the bill's implications on public safety and the evidentiary standards in tort cases, as restricting what can be considered in a liability claim may have unintended consequences for accident victims seeking redress.